MEJCC
Middle East Journal of Culture and Communication 4 (2011) 337–353
brill.nl/mjcc
Between Nationalism and Women’s Rights:
The Kurdish Women’s Movement in Iraq*
Nadje al-Alia and Nicola Prattb
a) School of Oriental and African Studies, University of London, UK
Email: [email protected]
b) University of Warwick, UK
Email: [email protected]
Abstract
This article explores an aspect of the micro-politics of the ‘new Iraq’ by examining the understudied topic of the Iraqi-Kurdish women’s movement. Drawing on interviews with women
activists in Erbil and Sulaymaniyah, we describe and analyze their activities, strategies and
objectives in relation to Kurdish nationalism and feminism, focusing on the period since 2003.
Rather than conceptualizing nationalism and feminism as either contradictory or compatible
frames of reference for these activists, we understand debates among women activists as attempts
to ‘narrate’ the Kurdish nation, particularly in response to the realities of the ‘new Iraq’. We
contend that nationalism per se is not an obstacle to women’s rights in Iraqi Kurdistan. Rather,
it is the failure, until now, of women activists to engage with the disjuncture between nation and
state that could limit the achievements of their struggle.
Keywords
Iraq, Kurds, nationalism, feminism, women’s movement, citizenship
Introduction
One of the neglected issues in the literature on Iraq has been the role of women
and gender historically and within the ‘new Iraq’. Much of the recent literature
has focused on the macro-political and political-strategic issues of violence,
the US role in post-invasion political processes, oil, constitutional revisions
and federalism, or what the International Crisis Group has summarized as the
* The authors would like to thank the two anonymous reviewers for their constructive comments and Lina Khatib for her encouragement. The fieldwork conducted for this article was
made possible by a grant from the British Academy for the project, ‘Women, Gender and
Political Transition in Iraq’.
© Koninklijke Brill NV, Leiden, 2011
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struggle over the distribution of power and resources (International Crisis
Group 2008). This struggle is generally represented as taking place among
political elites and their militias. Yet, the decisions and actions of politicians and armed groups are dependent upon their ability to mobilize civilian
populations to support their political projects, through the construction of
notions of ethno-nationalism or religious identities. Notions of ‘appropriate’
gender relations and gender identities constitute an important element in this
mobilization and open spaces for resistance or accommodation among women
(and men) at the local level. In order to understand these micro-politics,
this article examines the activities, strategies and objectives of Iraqi Kurdish
women activists as they negotiate the gendered and ethno-national politics of
the ‘new Iraq’.
In order to analyze the activism of Iraqi Kurdish women, we engage in the
debate over the relationship between nationalism and feminism. The question
of whether nationalism and feminism are compatible or mutually exclusive
has been a source of contestation among feminist scholars (Anthias and Yuval
Davis 1989; Cockburn 1998; Jayawardena 1986; Yuval Davis 1997, 2004,
among others). Many feminists, particularly in Europe and North America,
view nationalism as antithetical to feminist aims and struggles (Cockburn
2007: 192–202). However, in colonial and post/neocolonial contexts, the
picture that emerges is more complex. First, due to the stigmatization of feminism in the Middle East, the terms ‘feminist’ or ‘feminism’ are rarely used and
women adopt a variety of labels to describe the objectives of their activism
(al-Ali 2000: 47). Here, we refer to those women struggling for a greater role
for women in the public sphere, a greater allocation of resources and/or opportunities for women or the end of gender discrimination in legislation as ‘women’s rights activists’. Second, we find a diversity of experiences concerning the
relationship between ‘feminism’ and ‘nationalism’ in the Middle East. Sophie
Richter-Devroe (2009) argues that most Palestinian men and women alike
view anti-nationalist feminist politics and attitudes as antithetical to their
struggle for Palestinian rights. Moreover, Frances Hasso’s study of the
Democratic Front for the Liberation of Palestine demonstrates that nationalism can facilitate women’s agency and ‘empowerment’ in a context where
grassroots mobilization, rather than military struggle, is the key movement
strategy and the movement’s ideology supports women’s equality as illustrative
of the movement’s modernity (Hasso 1998).
However, in the Middle East, we often find nationalism entwined with
religion, and hostile to the notion of women’s ‘liberation’ within a modernist
paradigm. For example, Islamist movements struggling against nominally
secular authoritarian regimes and/or foreign occupation often advocate
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conservative gender norms, including veiling for women and reform of family
laws in line with conservative interpretations, while simultaneously mobilizing women as part of those movements(Moghadam 1994). On the other
hand, Margot Badran demonstrates that Egyptian feminists in the early twentieth century worked within the framework of Islam and advanced the national
cause (Badran 1995). Shahrzad Mojab (2004, 2009), referring to the Iraqi
Kurdish context, argues that Islamist-nationalist movements and secular
nationalism both stand in the way of transformative gender politics and
hinder a feminist analysis of and struggle against gender-based violence and
inequalities.
In Iraq, a multi-national and multi-religious state, state nationalism has
challenged national fragmentation and sectarianism, as well as being an important catalyst for resistance and opposition to the US-led occupation and, in
some cases, to the various governments since 2003 (al-Ali and Pratt 2009).
Yet, historically, Iraqi nationalism has politically, economically and culturally
marginalized the Kurds, who have demanded autonomy since their incorporation into the Iraqi state in 1923. Iraqi nationalism has also undermined Iraqi
women’s rights activists, who have been accused of imitating ‘western agendas’,
betraying the nation and detracting from ‘more important’ political issues.
This is an accusation that has plagued feminists and feminism in the Middle
East since the beginning of the twentieth century and is not unique to Iraq.
The type of ‘feminism’ or ‘women’s rights’ demands may be significant in
terms of defining its relationship to nationalism. Women’s rights activists that
focus their demands on bringing women into the public sphere, through education and employment, may often find significant overlap with nationalist
demands to ‘modernize’ the nation (as Frances Hasso (1998) finds in the case
of the Democratic Front for the Liberation of Palestine). However, women’s
rights activism that focuses on issues such as violence against women or family
laws may face a more uphill battle, as male nationalist leaders struggle for
sovereignty over their home life as well as their nation. This struggle for control is also linked to the construction of national identities, which, in turn,
mobilize nationalist movements. Partha Chatterjee argues that nationalist
elites construct an ‘authentic’ national identity and culture that is different
from the West. This difference is located in the sphere of culture and, related
to this, the private sphere of gender relations, rather than the ‘outer domain’
of technology, the economy, or the military (in which the West can always
claim superiority) (Chatterjee 1993).
Attempts at creating ‘authentic’ national identities are therefore linked to
the construction of particular gender norms. In the Iraqi Kurdish context,
difference is constructed in relation to Arab Iraqis as well as in relation to
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the West. This opens up a number of paradoxes regarding the attitude of
Kurdish politicians in relation to women’s rights struggles in Iraqi Kurdistan,
as this article demonstrates. However, it is not only (male) nationalist elites
that construct national identities but ordinary people too are involved in ‘narrating the nation’ (Bhahba 1994: 145). We argue here that women’s rights
activists in Iraqi Kurdistan are involved in ‘narrating the nation’ through their
claims for particular rights and resources. Toward that end, this article examines the objectives and activities of women activists in Iraqi Kurdistan not only
as attempts to claim women’s rights but also as instances of shaping Kurdish
nationalism and women’s rights.
The article is based on over 60 semi-structured interviews carried out
among civil society activists, politicians and professionals in Erbil (called
Hawler in Kurdish) and Sulaymaniyah (called Sulimani in Kurdish) in the
spring of 2007 and fall of 2010. All women quoted were interviewed by the
authors, unless otherwise referenced, and their identities have been anonymized. We draw on these interviews to present an in-depth case study of the
women’s movement in Iraqi Kurdistan and we analyze their statements in relation to Kurdish nationalism and feminism/women’s rights claims. In the
course of our research we talked to women who are members of the Kurdistan
parliament or associated with the women’s unions linked to the main Kurdish
political parties: The Kurdistan Democratic Party (KDP), associated with
Massoud Barzani, is based in the area in and around Erbil and the Patriotic
Union of Kurdistan (PUK) associated with Jalal Talabani, the president of
Iraq, is based in and around Sulaymaniyah. Other women activists associated
with political parties whom we met included members of the Kurdistan
Communist Party, Islamic Union of Kurdistan and the Assyrian National
Party. We also talked to women who were founders of or involved with
one of the numerous civil society associations, such as Zhin Organization,
Pery Organization, al-Amal, Breeze of Hope Organization, and Women’s
Empowerment Organization—all based in Erbil; and Asuda Organization for
Combating Violence Against Women, the Kurdistan Social Development
Organization, the Civil Development Organization, Ghassem Organization,
Reach, Rewan Women’s Centre, Children’s Nest, the Democracy and Human
Rights Development Centre, and the National Center for Gender Research in
Sulaymaniyah, in addition to women lawyers and journalists.
These women activists are involved in a range of activities spanning welfare
and humanitarian assistance; education and training; publishing and journalism; developmental projects; politics; legal aid services; support and protection
of victims of gender-based violence; and political lobbying related to women’s
legal rights. Women activists are well-represented in civil society organizations
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in urban areas and, to a lesser degree, in political parties. For the most part,
these women are urban and middle class and do not necessarily represent the
views or desires of rural and/or working class women (Mojab 2009; FischerTahir 2010: 1391). Historically, and up to the present, the majority of Kurdish
women’s rights activists work within a secular framework. A rejection of political Islam has been an important element of distinction between Kurdish and
Arab identity in a context where Islamist political parties and movements play
a significant role in post-invasion central and southern Iraq. However Kurdish
Islamist women’s rights activists do exist and are largely in opposition to the
main political parties (KDP and PUK), which are increasingly perceived to be
corrupt and out of touch with people’s aspirations and needs. However,
Kurdish Islamist women regard their political activism as contributing to
Kurdish rights and are working from within an ethno-nationalist as opposed
to (Iraqi-) national or transnational Islamic framework.
Kurdish Women and the Struggle for Kurdish and Women’s Rights
Before and After 2003
Iraqi Kurdish women have been involved in the struggle for Kurdish rights for
many decades. However, until 1991, their struggle was mainly focused on
gaining national rights for the Kurdish people rather than pursuing any sort of
gender-specific agenda (Mojab 1996, 2000, 2003). This has led some scholars
to argue that Kurdish nationalism mobilized women without transforming
the existing patriarchal relations of Kurdish society (Mojab 2004; Begikhani
2003). The creation of the ‘safe haven’ in 1991enabled the formation of new
political organizations, the return of previously-exiled women and the establishment of international NGOs, creating new spaces and opportunities for
Kurdish women to promote a women rights’ agenda (Mojab 2004; Begikhani
2005: 223; al-Ali 2007: 205–208).
However, Kurdish women’s gains in the safe haven were not uniformly
positive. Following the elections in 1992, only five of the 105 elected members of parliament were women (Mojab 2004: 119). The political leadership
of both parties tried to incorporate tribal leaders, leading to the emergence of
‘neo-tribalism’ in Iraqi Kurdistan after 1992 (McDowall 2000: 385). In this
context, women’s initiatives were frequently regarded suspiciously and were
even actively opposed by conservative Kurdish male political actors (Mojab
2004; al-Ali 2007: 207). In May 1994, the PUK and KDP went to war
against one another, leading to the division of Iraqi Kurdistan in 1999 and the
deaths of hundreds of Kurds. Simultaneously, Kurdish Islamist groups gained
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influence and, sponsored by Iran, attempted to Islamize Kurdish society
(Mojab 2004: 129). Many Kurdish women marched between Sulaymaniyah
and Erbil in 1994 to demand peace and reconciliation between the two parties. Nevertheless, Kurdish women also became divided in line with the political and administrative division of Iraqi Kurdistan.
A significant issue for many women activists after the creation of the safe
haven was the increase in so-called honor killings and other crimes against
women, labeled ‘gendercide’ by Shahrzad Mojab (2003). Both the KDP and
PUK claimed that women’s oppression, including ‘honor killings’, was part of
Kurdish ‘tribal and Islamic culture’ (Mojab 2004: 122). This reification of
Kurdish culture and tradition was an example par excellence of the historical
and cross-cultural tendency to use women and gender issues to construct
‘authentic’ national identities in nationalist struggles and processes (Yuval
Davis 1997).
Despite the hostility they faced from some quarters, Kurdish women’s
rights activists campaigned to annul the provisions within the Iraqi penal code
that allowed lenient punishment for the murder of women in the name of
‘honor’. They were successful in achieving these changes in 2000 in the PUKcontrolled areas and 2002 in the KDP-controlled areas. Despite this achievement, the prosecution of honor crimes is reported to be low (Amnesty
International 2009). During the 1990s, Kurdish women’s rights activists also
lobbied for reforms to the Iraqi personal status code of 1959 in order to introduce greater equality in marriage and divorce. In the PUK-controlled region,
Jalal Talabani signed Resolution 62 (2000), which made taking more than one
wife punishable by up to three years in prison and a fine of up to 10,000
dinars. However, like the outlawing of so-called honor crimes, the implementation of Resolution 62 has not been consistent.
Between 1991 and 2003, women in the ‘safe haven’ were not necessarily
safe from ‘honor’ crimes or other forms of discrimination, as Shahrzad Mojab
argues (2004). She observes that this period saw ‘the forging of alliances
between nationalism, religion, and tribal-feudal male power’ (Mojab 2004:
130). However, she goes on to argue, ‘…at the same time, this alliance has
invited resistance from women and men who are interested in democratizing
gender relations in Kurdistan’ (Mojab 2004: 130). In other words, the rise of
conservative nationalist forces and the women’s movement are two sides of the
same coin of Kurdish nationalism. The period of the safe haven opened up
political space for Kurdish women activists to redefine Kurdish nationalism in
a way that gave greater space to (some) women and their demands.
The fall of the Baath regime in 2003 was a relief for people in Iraqi
Kurdistan, but the re-integration of Iraqi Kurdistan into the rest of Iraq has
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brought new issues to the fore and led to diverging opinions among women
activists. The issues that we discuss here are: relations between women activists
and the Kurdistan Regional Government (KRG); measuring progress in
achieving gender equality; and responses to the constitution, including the
relationship between Iraqi-Kurdistan and the rest of Iraq. Exploring the different views of women activists toward these issues highlights the point that
feminism and nationalism are not necessarily in tension in the ‘new Iraq’ but
rather that there exist contestations over the nature of Kurdish nationalism, as
well as the relationship between the (Iraqi) state and (Kurdish) nation.
Women’s Rights Activists and the Kurdistan Regional Government
Above, we note that Kurdish nationalism is seen by many women activists
as positive for the development of a Kurdish women’s movement. However,
the development of the women’s movement within the framework of nationalist struggle and the domination of the PUK and KDP in that struggle has led
to a situation in which civil society organizations in Iraqi Kurdistan are, for
the most part, far from independent and have the financial and political
support and protection of one of the political parties. Large numbers of women’s activities, organizations, initiatives or events are sponsored by one of the
main political parties in the KRG, principally the KDP or the PUK (al-Ali and
Pratt 2009).
Since 2003, the dominance of the political parties over civil society has
increasingly become an issue for some women activists. Shilan A., who works
for an independent women’s organization in Erbil, complained in an interview in 2007:
Those of us who are not backed by political parties are struggling to have a voice.
It is difficult to focus on women’s issues as other national political agendas related
to Kurdish independence, the struggle around Kirkuk and federalism are always
perceived to have priority.
This view was articulated by several other women activists and seemed to be
even more accentuated in September 2010 in the context of the long-running
failure to resolve the status of Kirkuk and the territories disputed between
Arabs and Kurds.
While some women activists view ‘national political agendas’ as undermining women’s rights, other women, particularly those linked to the political
parties, claim that both issues are equally important. For example, Riham Q.,
an elected member of the Iraqi-Kurdistan parliament and part of a campaign
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for women’s equal rights in personal status issues, explained in an interview in
April 2007, ‘My ambition is a democratic, secular Kurdistan and the return of
Kirkuk; to have a real civil society and understanding of women issues’.
We found that many Kurdish women activists with links to one or another
of the main political parties still view one another suspiciously, despite the
KDP and PUK having signed an accord to end their rivalry in 2002 and,
subsequently, unifying their administrations within the Kurdistan Regional
Government (KRG). The emergence of a serious opposition in the form of the
‘Goran’ movement (or Movement for Democratic Change), founded in
Sulaymaniyah in 2008 by former members of the PUK, has had some impact
on how activists linked to the main political parties relate to one another.
Goran has challenged the monopoly of political power by the two established
parties more than the Islamist political parties were previously able to do.
Many women activists close to the KDP and the PUK felt threatened by the
reformist activists and politicians, although some women we interviewed
claim that the Goran movement lost its cutting edge once it became a political
party and entered formal politics. While the actual significance of the Goran
movement is debated among the women we talked to, in 2010 we found less
tension between women linked to the two main political parties but more tension between those women working within government and parliament, on
one side, and those working within civil society organizations, on the other.
Measuring Progress in Achieving Gender Equality
To some degree, relations between women activists and the KRG are shaped
by their views on the achievements of the political parties/KRG with regard to
gender equality. Some women, particularly those linked to the political parties, believe that the political parties have played an important role in improving women’s rights in Iraqi Kurdistan. For example, Nazdar S., who used to be
a militant peshmerga struggling for Kurdish independence and then became a
prominent figure in the Kurdistan Women’s Union linked to Massoud
Barzani’s KDP, said:
I am very proud of what we have achieved since 1991. Women have advanced
greatly in Kurdistan and our political leaders have played an important role in
helping women’s rights. They have supported us in educating women, encouraging
them to work and to get involved in politics. But our problem is culture and
traditions. Some women listen to clerics more than they listen to university
professors. We need to start in schools and educate our children about equality
and human rights. Despite all the problems we have, every day is better than the
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previous one and we become more and more modernized (al-Ali and Pratt
2009:143).
Many women activists point to the issue of so-called honor crimes as a measure of commitment among Kurdish political leaders to improving women’s
rights. Unlike the south and center of Iraq, the Kurdistan Regional Government
has removed the ‘honor’ motive as a mitigating factor in murders. Nevertheless,
during a number of interviews in 2007, activists complained that nobody had
been prosecuted for killing their female relatives. Several activists interviewed
blamed religious and tribal practices and ‘backward’ cultural attitudes as the
main obstacle to women’s rights. Others were not convinced by this argument.
According to one women’s rights activist in Erbil:
It is too easy to blame culture. The truth is that politicians view honor killings as
a family problem. Yes, according to the new Kurdish Constitution honor killings
are criminal and need to be punished. But the law is not implemented. Instead
they prefer family and tribal mediation instead of proper laws and courts,
especially when political and economic interests are at stake (al-Ali and Pratt
2009: 144).
We agree with this particular activist’s analysis that ‘culture’ is used to gloss
over the failure to systematically prosecute ‘honor’ killings. The political
rivalry between the main parties and their co-optation of tribal and religious
leaders through patronage, which has become institutionalized within Iraqi
Kurdistan (Leezenberg 2005) undermines accountability and justice as well as
reproducing, rather than challenging, hierarchical-patriarchal relations in
Iraqi Kurdistan.
Yet, some of those who had been critical of the KRG in 2007, in retrospect,
by September 2010, characterized the previous parliament and cabinet in a
more favorable light. Many women activists expressed their disappointment with the current parliament and cabinet, which they perceived as abandoning the more serious commitment to women’s rights displayed by the
previous government (2006–2009). As one woman activist, Vian A. in Erbil,
described:
The last parliament and cabinet made a big effort to promote women’s issues.
Even if it was propaganda at times, they sent a clear message to the community
that they believe in women’s rights. They had a special committee dedicated to
women’s issues in the council. There was a Ministry of Women’s Affairs. And even
if they did not do much, it sent out the right signal. There was also a huge media
campaign against gender-based violence. There were lots of programs on TV
about women’s rights. The prime minister gave many speeches about this. And all
this in turn opened the door to numerous women’s organizations to do work and
to get support.
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When asked about the reasons for this shift, answers ranged from the
perceived more pressing political issues related to ‘national security’ to the
unresolved issues of Kurdish autonomy and the status of Kirkuk. However,
several women looked less to ‘bigger political questions’ and referred to the
lack of institutionalization of women and gender-related issues: ‘Too much
still depends on individuals and the good will of specific people, rather than a
more transparent and continuous establishment of relevant institutions and
processes’, argued Sawsan G., who has been actively struggling against genderbased discrimination for two decades. A former head of the Kurdistan Women’s
Union told us that male politicians in leadership positions are often very supportive of women’s rights, but it was men in lower positions who frequently
felt threatened by women and the idea of change. Other women interviewed
gave the current government the benefit of the doubt or even praised it.
A commonly expressed sentiment was that things are taking their time but
that good and promising initiatives were on the way, such as activating the
newly established Council for Women’s Issues.
Another measure of achievement of women’s rights held up by the activists
with whom we spoke was the issue of the Constitution of Iraqi Kurdistan.
Most activists with whom we talked, with the exception of those members of
the Kurdistan Islamist parties, argued that the Iraqi-Kurdistan Constitution
was better with regard to women’s rights than the Iraqi Constitution (passed
in 2005) because it does not stipulate that Islam should be ‘a fundamental
source of legislation’. Kurdish women activists (with the exception of members of Islamist parties in Iraqi Kurdistan) believe that using Islam as the main
source of legislation does not guarantee women’s rights. These include changes
to outlaw polygamy and introduce equality in inheritance. Derin J., a lawyer
based in Erbil, said in 2007:
I argued with some people in a seminar because they said, ‘we can’t do that,
because it is against our religion and our traditions’. I say there must be stronger
laws to protect women. If it’s useful for men, they use the argument of culture
against women rights. There is a movement for changing laws for women’s rights
but we face a struggle to do it.
In the summer of 2008, women activists opposed the KRG’s proposal
to bring personal status laws in line with Islamic law, which they feared
might be interpreted as allowing polygamy and being against equality of
inheritance (Khalil 2008). Of course, personal status codes vary greatly across
the Middle East and the wider Muslim world. There is a wide range of interpretations of Islamic family laws on marriage, divorce, child custody and
inheritance, from the conservative Wahhabi interpretations in Saudi Arabia
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to the more progressive and egalitarian interpretations on which the
Moroccan moudawana (personal status code) is based. Yet, given the developments in central and southern Iraq, where conservative interpretations of religion have become widespread and have been used to justify discriminatory
practices (al-Ali and Pratt 2009), it comes as no surprise that many Kurdish
women’s rights activists equate Islamic law with inequalities and social
injustice.
In September 2010, when Kurdish women activists were asked about
their campaign for gender equality in the Iraqi-Kurdistan Constitution,
especially in relation to the personal status code, women were divided over
whether to see it as a success or not. On the one hand, they failed to achieve
new gains, such as the outlawing of polygamy and enshrining equality in
inheritance. However, unlike the rest of Iraq, Kurdish women did at least
manage to hold on to previously existing legislation which they perceive to
be more equitable than Article 41 of the Iraqi Constitution, which canceled equal rights for all Iraqis in personal status matters and devolved
judgments related to marriage, divorce, inheritance and child custody to the
authority of religious leaders. Nevertheless, many women also stated
that much effort would have to be put into implementing those rights. This is
no more obvious than with regard to so-called honor crimes as discussed
above.
Kurdish Women and the Rest of Iraq
After 2003, it was a relief. Before, we were afraid that the Baath could come back
at any time. It was like being in a prison. After 2003, we were no longer afraid.
We were able to meet women from the rest of Iraq. There were conferences and
these were good for networking. We exchanged experiences and formulated
united demands.
Chiman A., working for an Iraqi development NGO, spoke, in an interview
in 2007, about the importance of women working across ethnic and sectarian
lines to achieve progress in women’s rights. The defeat of Iraqi Governing
Council Resolution 137 of 2003, which attempted to place family law under
the authority of religious leaders, and the success of achieving a 25 percent
women’s quota in parliament, represent examples of such success. Chiman
also rejected the Iraqi Constitution of 2005 on the grounds that it was against
women’s rights, despite the fact that it was endorsed by the Kurdish political parties due to its provisions for Kurdish autonomy within an Iraqi federal system. Of particular concern to Chiman and other women in Iraq was
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Article 41, which, similar to Resolution 137, threatened equal rights in personal status matters for all Iraqis, regardless of religion or sect.1
Although some Kurdish women’s organizations and activists, like Chiman,
have been involved in the campaign around the Iraqi Constitution, particularly with respect to what was Article 41 (concerning the personal status code),
a large number of Kurdish women activists state that they are not very concerned with the Iraqi Constitution and, instead, focus on ensuring women’s
rights within the Iraqi-Kurdistan Constitution (al-Ali and Pratt 2009: 138).
However, many Kurdish women experienced a rude awakening when they
discovered that there are elements of Iraqi national legislation that override the
Iraqi-Kurdistan Constitution and legislation.2 This only became obvious with
the announcement of a new administrative decree by the central government
in April 2007, according to which women need the permission of a male
guardian (mahram) to be able to apply for a passport. Although no article in
the Iraqi Constitution actively stipulates this policy, the Iraqi Constitution
does state that Islam is a fundamental source of legislation and that no law
may contradict Islam. Given that conservative Islamist parties form the majority in the Baghdad parliament, this allows for decrees and policies based on
conservative interpretations of religion to be enacted.
The predominance of conservative Islamist parties in central and southern
Iraq led many of our respondents to perceive Iraqi women as living in a drastically different context. Consequently, many Kurdish women are not interested
in working with women in the rest of Iraq, believing that they have different
objectives from women in Iraqi Kurdistan. Amira S., working with an international NGO in Sulaymaniyah, echoed the attitudes of several Kurdish
women activists when she said in an interview in April 2007:
In the Iraqi Constitution, they talk about the role of sharia and allowing polygamy.
In the south of Iraq, they don’t think that this is a problem. Only in the north are
we asking for women’s rights in the constitution. Only the Kurdish parties are
1
Decree 137 was an attempt by conservative Shii Islamists to replace the existing and relatively progressive unified personal status code (a set of laws governing marriage, divorce, child
custody and inheritance) with a more conservative interpretation of Islamic law. Iraqi women’s
rights activists managed to stop the decree from being passed by the Coalitional Provisional
Authority. However, in the Iraqi Constitution, Article 41 effectively means replacing a unified
personal status code with different legislation according to different regions and according to
different religious sects. While the article is still under review, it is not a priority issue for most
Iraqi politicians.
2
The Iraqi Constitution stipulates those areas of legislation that are devolved to the regions
(i.e., the Kurdistan Regional Government) and those areas that are decided by the central government in Baghdad. For more details, see Brown (2005).
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asking for women’s rights. Women in the south are not asking for their rights.
Or maybe they want their rights but they can’t ask because of pressure from men.
In Sulaymaniyah, we faced opposition to women’s rights but the women’s
movement fought for them.
Many views expressed by women in Iraqi Kurdistan were based more on hearsay than any in-depth knowledge about the actual struggles of women’s rights
activists in central and southern Iraq, who have been fighting for women’s
legal rights for years (al-Ali and Pratt 2009). However, as noted above, Kurdish
Iraqi women activists tend to reject Islam as a frame for their demands and
agendas, whereas a large number of Arab Iraqi women who are either members of one of the Islamist political parties or are merely pious women advocate women’s concerns through a framework of Islam.
Some Kurdish women directly expressed reservations about being part of
Iraq. Helima I., head of an NGO in Sulaymaniyah working on children’s
rights, said in an interview in 2007:
The impact of the fall of Saddam Hussein is positive for Kurdistan. But recently
the situation is negative. One of the problems is being part of Iraq again and
under the control of the central government. We worked hard for a Kurdish
Constitution, to separate religion and state, for women’s rights and child rights.
Now, we are under threat from the Iraqi Constitution. Religion plays a bigger role
in the Iraqi Constitution.
The issue of Kirkuk3 was a particular bone of contention for several women
activists, particularly those close to the political parties. They viewed the return
of Kirkuk to the Kurds as central to achieving Kurdish rights. Even women
activists who work across ethnic and sectarian lines in Kirkuk stress the importance that Arabs and Turkmen must recognize that Kirkuk is a Kurdish city.
Conclusion
Historically, Kurdish nationalism has played a significant role in mobilizing
women and supporting their public roles, despite the conservative nature of
much of the Kurdistan region. Many Kurdish women were able to build on
their roles in the Kurdish national movement to launch a women’s rights
3
The issue of Kirkuk refers to the dispute between the Kurdistan Regional Government and
the central Iraqi government over sovereignty of the city. For more details about this and other
issues of difference between the KRG and the central government, see International Crisis Group
(2008).
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agenda after 1991. Since then, for the most part, Kurdish women’s rights
activism has been framed in terms of contributing to the democratization and
modernization of an autonomous Iraqi Kurdistan.
With the fall of the Baath regime in 2003, many Kurdish women activists
initially joined with women activists in the rest of Iraq to promote women’s
rights for all Iraqis. However, the violence that has engulfed central and southern Iraq as well as the Islamization of politics there, mean that a large number
of women activists in Kurdistan have put their efforts into supporting autonomy for Iraqi Kurdistan as a means of defending women’s rights there.
Moreover, many Kurdish activists tend to emphasize their difference from
Arabs through reference to their desire for women’s rights (as opposed to what
they perceive as a lack of desire for women’s rights in the rest of Iraq). Even
those women in Kurdistan who believe that it is important to work with
women in the rest of Iraq are largely prevented from doing so due to the practical difficulties of traveling to/within the rest of Iraq. However, some women’s
rights activists from central and southern Iraq travel to Iraqi Kurdistan for
meetings and workshops as it is much safer than other parts of the country.
The comparison with the rest of Iraq has made some Kurdish women more
optimistic about the gains that they have made within the Iraqi Kurdistan
region, while others remain critical of politicians within the KRG. Some
women activists believe that Kurdistan politicians are marginalizing women’s
rights to concentrate on the ‘bigger national questions’ of Kirkuk, oil and
federalism. Other women activists believe that these questions of Kurdish
rights are also inseparable from achieving women’s rights in Kurdistan.
However, both the critics and the optimists believe that autonomy for
Kurdistan must be respected by the government in Baghdad.
With regard to the relationship between feminism and nationalism, the
Iraqi-Kurdish case demonstrates that the tensions between these two ‘isms’
cannot be resolved per se: they require an intersectional and in-depth empirical
approach to grasp the full complexity and nuances of a specific context in a
specific historical moment, including the configuration of social and political
forces that make up nationalist parties and women’s movements and the types
of nationalism and feminism articulated by these different forces. Differences
between women activists in Iraqi Kurdistan not only relate to debates over
strategies to maximize women’s rights (between accommodation of and resistance to the domination of the PUK and KDP; cooperation with women in
the rest of Iraq; and the role of Islam, among others) but also to different
notions of Kurdish nationalism (patriarchal versus egalitarian).
Iraqi-Kurdish nationalism has been transformed over the last few
decades as the Iraqi-Kurdish movement has changed from a movement of
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self-determination, struggling against the Iraqi government, to the institutionalized leadership of a ‘quasi-state’(Natali 2010), involved in protracted struggles over power and resources within Iraq. Alongside this, women activists in
Iraqi Kurdistan have continued to expand their demands for gender equality,
perceiving this as part of building Iraqi Kurdistan rather than in opposition to
this process. However, post-2003 developments pose a challenge for women’s
rights activists in Iraqi Kurdistan. A lack of systematic and consistent engagement with the wider political field of the ‘new Iraq’, and focusing all activities
in the narrower political field of Iraqi Kurdistan, might backfire against
women’s rights activists in Iraqi Kurdistan in the long run due to the disjuncture between state and nation in Iraq. The Iraqi Constitution overrides the
Kurdistan Constitution in many areas, and laws in the Iraqi-Kurdistan region
should not contravene the principles of the Iraqi Constitution, which are
implemented through legislation decided by the Baghdad-based parliament.4
Moreover, women’s rights activists’ reliance on the KRG to champion and
support gender equality and social justice might prove to be problematic in
the long run. It has already become obvious that Kurdish politicians are prone
to compromise women’s rights in order to shore up support among socially
conservative constituencies as well as sidelining gender-related issues in the
context of negotiating other political issues with the Iraqi central government.
Here, they are not different from politicians elsewhere in the region, including
in the rest of Iraq.
Furthermore, as feminist scholars have documented across the region,
authoritarian regimes may implement measures to increase gender equality
and social justice as long as these are perceived to be harmless to the regime
and the status quo (Kandiyoti 1991; Joseph 1991, 2000; al-Ali 2007;
al-Ali and Pratt 2009; Hasso 2011). An exaggerated belief in the ability of the
KRG and the main political parties to promote women’s rights could limit
the strategies of Kurdish women activists and possible achievement in the long
run. A closer engagement with women’s rights activists and organizations
in central and southern Iraq might help to diversify alliances and strengthen,
rather than weaken, women’s rights claims against the Iraqi state as well as
the KRG.
4
Article 13 of the Iraqi Constitution states: ‘First: This Constitution is the preeminent and
supreme law in Iraq and shall be binding in all parts of Iraq without exception. Second: No law
that contradicts this Constitution shall be enacted. Any text in any regional constitutions or any
other legal text that contradicts this Constitution shall be considered void’. (http://www.mofa
.gov.iq/documentfiles/IraqiConstitution.pdf ).
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Another potential risk of too closely relying on the KRG stems from the
fact that women’s movements regionally have experienced significant backlashes in those contexts where women’s rights organizations or gender equality
agendas have been seen to be co-opted by the state. Growing dissent and
political protests in Iraqi Kurdistan illustrate how lack of political freedom and
widespread corruption have seriously undermined the credibility of the KRG.
By too closely allying themselves with political parties in government, Kurdish
women’s rights organizations and activists risk being associated with a corrupt
regime. It is important to note that a growing number of women’s rights activists have already distanced themselves from the main political parties and are
part of the wider protest movements against corruption and for better services
within Iraqi Kurdistan, which are occurring at the time of writing this article.
In this respect, women’s rights activists are articulating some of the main
demands of non-elite women regarding a fairer distribution of resources
within Iraqi Kurdistan but they are also challenging the institutionalized
patronage that helps to perpetuate discrimination against women.
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